A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 31, 2019, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Daejeon District Court's Incheon District Court's support for the crime of violating the Road Traffic Act.

On August 13, 2019, at around 21:45, the Defendant driven a motor vehicle in the Esch Rexton under the influence of alcohol concentration of about 0.159% without obtaining a driver's license in about 3km section from the west-gu, Seocheon-gu, Seocheon-si to the D station in Busan City to the D station in the front of the D station in the Asan City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. The driver's license ledger;

1. Report on the result of confirmation of the non-disposition, and application of the summary order (19 high-class 2726) 1 of the Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is a very dangerous crime that may cause the occurrence of traffic accidents by raising the possibility of traffic accidents, and thus, it is inevitable to impose strict liability on an act related to it in order to prevent it. The defendant also causes the crime of this case when he has been punished by a fine due to drinking driving as stated in the judgment, even though his license has been suspended, and the crime of this case has been suspended. Meanwhile, the defendant confessions and reflects the crime of this case; the defendant has no criminal history except the above fine; the defendant has no record of criminal punishment other than the above fine; and the records and arguments such as the numerical concentration of blood alcohol level of this case are taken into account.